Bankruptcy

Debt Relief through Bankruptcy Serving the communities of San Joaquin, Alameda, San Diego and Contra Costa Counties

Having worked for years to help local residents with tough legal problems, it is important to me that you have a place to turn to for assistance if severe debts are causing you stress. Unexpected medical bills, the loss of a job or just the current economic climate can place good people in financial trouble beyond their ability to control. That is where Michael S. Martin, P.C. would like to be of service to you and your family.

Bankruptcy was established to relieve individuals of overwhelming debts and through this, bring about a fresh start to their finances. It is a court-based process by which your debts are discharged and you regain control over the financial aspects of your life. It is intended to be a new beginning.

The process can be complex and petitions to the court are routinely denied. I would never recommend an individual attempt to make it through the courts without the help of a proven Tracy bankruptcy lawyer. It is vital that you retain an attorney who knows the laws pertaining to bankruptcy and how the bankruptcy court operates. The end result is, however, more than worth the effort it takes to get there.

The bankruptcy court will issue a "stay" once I have filed your petition. This court order prevents your creditors from taking any further actions to collect on debts you owe. Creditors will no longer be able to harass you and wage garnishments, debt litigation, repossessions, attempts to turn off your utilities and other similar actions will be halted. Bankruptcy can prevent or stop attempts to foreclose on your home and I ask that you consider what life would be like if you no longer had to worry about what a bill collector was going to do.

Sometimes, people are hesitant to use bankruptcy due to misconceptions they have about the process or what will occur once they file. I have, therefore, dedicated a page on my website to common myths about bankruptcy that I hope will help you to understand the subject better. My door is open to you and I invite you to learn more about bankruptcy and what it can do for you and your loved ones. There is a way out of crushing debt and my firm is willing and able to assist.

Practice Areas

Chapter 7 Chapter 7, also known as "fresh start" bankruptcy allows for a court managed resolution to your debt problems. At the conclusion of this type of bankruptcy, all or most of your debts will be legally discharged and you will no longer be obligated to pay them. I first ensure you are eligible for this form of debt relief and then work to get your petition correctly filed before the court. Read more about Chapter 7...

Chapter 13 The most important aspect of Chapter 13 is a repayment plan that I prepare, based on your input and in accord with the requirements of the bankruptcy court. This plan permits a readjustment of your debts so that you can pay them off in a way which satisfies your creditors and is actually real for you to do. Usually, this done over a 3-5 year period at which time you can be debt free. Learn more about Chapter 13...

Bankruptcy Myths Although bankruptcy has become more commonplace, there are still rumors and misleading information that can dissuade a person from using it to achieve control over their finances. The purpose of bankruptcy is relief from your debts and thus a new beginning to the financial side of life. If you are correctly informed on the subject, you can make a well thought out decision and obtain the benefits that bankruptcy can provide. Find out more about bankruptcy myths... The Bankruptcy Process Even after you decide to take advantage of the opportunity to file bankruptcy, the process can seem a mystery and you may not be certain as to how to proceed. I assist you from start to finish and encourage your questions as to what will need to be done. My firm will check to see that you are eligible, gather all needed information and get your petition filed with the court to get the process started. Read more about the bankruptcy process...

Foreclosure Defense Just as there are many negative aspects to going through a foreclosure on your home, there are multiple ways in which foreclosure can be successfully defended against. Loan modifications, short sales and others can work but the primary tool to stop or prevent a foreclosure is through filing for bankruptcy. When I file your petition, the court will automatically put a halt to foreclosure and other actions being taken by bill collectors. Read more about foreclosure defense...

Short Sales In a short sale, I strive to reach an agreement between you and your lender that is beneficial to both parties. By selling your home for an amount that is less than what you owe, you can be relieved of an impossible mortgage situation while your lender does not have to suffer through non-payment of monies that you owe or the burdensome process of a foreclosure. I work to minimize any deficient payments while getting you out from under an unmanageable debt situation. Learn more about short sales...

Why Choose Us:

As a former prosecutor, I have handled an extensive and heavy caseload and spent countless hours negotiating with other attorneys and preparing for and taking cases to trial. As a prosecutor I handled over 500 arraignments, 40 cases to resolution, and five jury trials, including a six week special circumstance homicide trial, as a second chair attorney. It is this experience that I will bring to your case. You can be assured, my office will communicate with you as your case develops and zealously represent you. While my office handles a variety of types of cases I have dedicated a majority of my practice to representation in criminal law, bankruptcy, and personal injury.